Slidell Non-immigrant Work Visa Lawyers
Helping Slidell employers and immigrants get back to work in Louisiana
Non-immigrant visas are designed for temporary workers, whereas immigrant visas are intended for permanent workers. At the Law Office of James A. Graham, our Slidell immigration attorneys collaborate with both employers and foreign applicants aspiring to work in America. We clarify the availability of temporary work visas, the various types of such visas, and the procedures for filing non-immigrant visa applications. Additionally, we offer guidance on when temporary workers are required to depart and whether there is an option for them to apply for an adjustment of their status. If you're in South Louisiana, feel free to contact us today to initiate the process.
How can we help?
- What type of temporary work visa do I need?
- What forms do Slidell employers need to file for temporary work visas?
- What do workers in Slidell need to do to obtain a non-immigrant visa?
- Does receiving the non-immigrant visa allow me to come to Slidell?
- Can a temporary visa worker extend my stay in Slidell?
- Do you have a Slidell non-immigrant work visa lawyer near me?
What type of temporary work visa do I need?
Various employment visas exist, each categorized based on the nature of the work and the skills and experience of the individual. The priorities and the number of available visas vary across these categories.
As outlined by the U.S. Department of State, the principal temporary work visa categories include:
- H-1B – Person in specialty occupation: Requires a higher education degree or equivalent and includes jobs such as government-to-government research, U.S. Department of Defense project workers, and “fashion models of distinguished merit and ability.”
- H-1BI – Free trade agreement: Typically demands four years of post-secondary education for individuals from Singapore and Chile. A formal petition is not required.
- H-2A – Temporary agricultural worker: For citizens/foreign nationals from designated countries who are engaged in temporary or seasonal agricultural work.
- H-2B – Temporary non-agricultural worker: For temporary or seasonal non-agricultural work from specific countries if determined to be in the U.S. interest.
- H-3 – Trainee or special education visitor: For foreigners seeking training unavailable in their home country or practical training in educating children with disabilities.
- L – Intracompany transferee: For foreign managerial or executive workers (or those with special knowledge) transferring to a related U.S. company.
- O – Individual with extraordinary ability or achievement: Designed for individuals with extraordinary skills in various fields who have received national or international acclaim.
- P-1 – Individual or team athlete, or member of an entertainment group: For athletes, performers, and those providing supporting services.
- P-2 – Artist or entertainer (individual or group): Used for reciprocal exchanges.
- P-3 – Artist or entertainer (individual or group): For culturally unique or traditional performances, including essential service workers.
- Q-1 – Participant in an international cultural exchange program: Intended for participants in international cultural exchange programs.
There are additional categories that our Slidell non-immigrant work visa lawyers can describe as needed.
What forms do Slidell employers need to file for temporary work visas?
The Slidell employer must submit Form I-129, Petition for a Non-immigrant Worker, to USCIS and may be required to secure a labor certification or other Department of Labor approval. Form I-129 serves for both initiating a temporary worker's status and requesting status modifications or extensions. The total number of petitions that can be filed annually may be limited based on the non-immigrant visa category. The employer might need to demonstrate a shortage of American workers for the job and assure that the temporary worker won't impact the conditions and wages of local workers.
Upon petition approval, the employer receives a notice of approval. If USCIS sanctions the petition, the applicant can then apply for a non-immigrant visa, and the application process is subject to variations based on the location of the U.S. embassy or consular office.
What do workers in Slidell need to do to obtain a non-immigrant visa?
The attorneys at the Law Office of James A. Graham will assist you with the fundamental procedures, which include:
- Completing an online visa application
- Scheduling an interview at a consular office
- For individuals aged 14-79, attending an interview at the U.S. embassy or consular office in the applicant's residence
- Paying the visa application fee and any other necessary fees before the interview
For the non-immigrant visa interview, you will need the following documentation:
- A valid passport for travel to the U.S.
- Confirmation page of the Non-immigrant Visa Application, Form DS-160
- Receipt for the application fee payment, if applicable
- Proper photos
- Receipt Number for your approved petition
- L Visa Applicants may require additional documentation
All visa applicants, excluding H-1B and L, must demonstrate strong ties to their home country to prove their intent to return after their temporary stay. Some examples of proof include family ties, current economic situation, ownership of homes or residences in the native country not intended to be abandoned, and their overall long-term plans.
During the visa interview, a consular officer will study the applicant's qualifications and travel purpose for a visa to determine the appropriate non-immigrant visa category. Ink-free, digital fingerprint scans will be necessary.
Does receiving the non-immigrant visa allow me to come to Slidell?
The visa allows foreign citizens to travel to a U.S. port of entry. However, it does not ensure entry, and the visa holder must still receive approval from the Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP) officials at the port of entry. If entry is authorized, a CBP official will issue either an admission stamp or a paper Form I-94, Arrival/Departure Record.
Can a temporary visa worker extend my stay in Slidell?
The employee may prolong their stay by requesting an extension. However, if the extension is not approved before the original non-immigrant’s visa expires, the employee must return to their home country until approval is granted. It is crucial that the worker consult with the experienced Slidell non-immigrant visa lawyers at the Law Office of James A. Graham to ensure timely approval before the expiration date. Staying in the U.S. beyond the visa's expiration means the worker is "out of status" and potentially makes them ineligible for future entry into the country.
Temporary workers can also pursue an adjustment of status to another non-immigrant visa category or seek lawful permanent resident status. However, the worker must get approval for the adjustment of status before the visa expiration date, or they will have to leave the country until the adjustment of status is approved.
The spouse and unmarried minor children of the worker can request the same visa category to join the worker in the U.S. However, the worker must prove that they can support their family financially.
Do you have a Slidell non-immigrant work visa lawyer near me?
The Law Office of James A. Graham proudly serves clients in Slidell, New Orleans, and across South Louisiana. If you cannot travel to us, we also provide phone or video conferences.
Contact our skilled Slidell immigration lawyers today
At the Law Office of James A. Graham, our team of Slidell immigration lawyers collaborates with local and foreign employers to help them find the workers they need. To schedule a consultation with our experienced immigration attorneys, please call us or fill out our contact form today.